Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

“The district court ruled that Platinum was estopped from denying Bock the full severance benefits, defined as including commissions. The court reasoned that Freedman’s assurances that ‘everything is included … you’re covered’ induced Bock to sign the agreement. However, Platinum ...

Mary Moser appeals her divorce judgment from Bradley Moser, challenging the denial of maintenance and the valuation of Bradley’s veterinary practice. She argues that the court erroneously exercised its discretion when it denied maintenance, given the length of the marriage, ...

Barry Kundert appeals a judgment convicting him of obstructing an officer, claiming he should be granted a new trial because he was denied his constitutional right to a unanimous verdict. We agree and reverse both the judgment of conviction and ...

“Havvard argues that fingerprint comparisons are not reliable because the government admits that the basic premise that all fingerprints are unique remains unproven, and because there are no objective standards for defining how much of a latent fingerprint is necessary ...

Judith Kruk appeals from the judgment of divorce that gave her former husband shared placement of their two children and awarded him the family home. She argues that the trial court applied the wrong legal standard when it ordered joint ...

Donald Kaltenbach appeals from a judgment of conviction, following a guilty plea, for first-degree reckless homicide, while armed, and from the circuit court order denying his postconviction motion. He argues that counsel was ineffective and that the court erroneously exercised ...

“Although Kosth attacks the sufficiency of the evidence of sham ownership, we are satisfied that there was enough evidence in the record to support the jury’s decision to accept the government’s version of events. There was ample evidence to support ...

This case arises out of injuries Judith Clemence sustained when she fell on snow-covered ice on the driveway apron of her condominium home in the City of Greenfield. The complaint alleged that the Clayton Crest Terrace Condominium Association and Jeff ...

Peter Moss appeals his conviction for possessing fireworks with the intent to unlawfully sell. He also challenges the trial court’s judgment forfeiting his stock of fireworks. Moss contends that the record lacks sufficient evidence for conviction. He also argues that ...

“[T]he ostrich instruction itself made it clear that a defendant does not act ‘knowingly’ when he acts through ‘ignorance, mistake, or accident,’ or where ‘he was merely negligent in not discovering the truth.’ This alone might well obviate any need ...

Joseph Schultz appeals a judgment declaring his bar a nuisance. He also appeals an order of abatement enjoining him from operating the bar. Schultz argues that: (1) he was denied actual notice of the conduct upon which the judgment was ...

Timothy Headrick appeals a judgment convicting him of armed robbery. He argues that the trial court should have suppressed his confession because it was involuntary and it was given after he invoked his right to counsel. We reject these arguments ...

“Almost everyone is ‘unusual’ in some respect, and many septuagenarians have conditions similar to Krilich’s. Yet sec.5H1.1 and sec.5H1.4 put normal age-related features off limits as grounds for reduced sentences. Older criminals do not receive sentencing discounts. Many persons in ...

John Zinter Jr., a minor, appeals a summary judgment in favor of Darlene Oswskey, Robert Oswskey and American States Insurance Company (collectively, the Oswskeys). Zinter severed the tip of his finger while a guest at the Oswskey home. Zinter sued ...

William Staples appeals pro se from a judgment entered after he pled guilty to possession with intent to deliver a controlled substance (cocaine). Staples claims that the trial court erred when it denied his motion to suppress evidence. Specifically, Staples ...

“Mr. Palomino-Rivera submits that he presents an atypical case that was not adequately considered by the Sentencing Commission. … The district court agreed and, in granting the downward departure, explained that it did not ‘think this kind of a borderline ...

Christopher Butler appeals judgments, entered upon his no contest pleas, convicting him of one count of intentionally causing harm to a child and three counts of second-degree sexual assault of a child. Butler additionally appeals from the order denying his ...

Joseph Van Beek appeals a judgment of conviction for receiving stolen property. Van Beek claims the trial court erred by denying his motion to suppress evidence. We disagree and affirm. This opinion will not be published. Dist III, Brown County, ...

“The State contends that VanBronk-horst was given notice of the Rule 15 violation when the circuit court quoted the rule’s language when questioning VanBronkhorst. While the court did in fact recite language from Rule 15, VanBronkhorst was not charged with ...

Raphael C. Calhoun appeals his conviction for possession of cocaine, second or subsequent offense, following a jury trial. He argues: (1) that the trial court erred in denying his motion to strike testimony of a police officer who allegedly violated ...

Frederick L. Howell appeals from the judgment of conviction entered after he pled guilty to one count of felon in possession of a firearm. Pursuant to Wis. Stat. sec. 971.31(10), Howell argues that the trial court erred in denying his ...

Accordingly, the trial court’s attempt to start the appeal-clock anew via its June 16, 1999, decision was a nullity, as was the July 28, 1999 judgment entered thereon. Accordingly, we dismiss as moot the appeal by BSTV, Chicago Insurance and ...

Antonio Spencer appeals the judgment convicting him of carrying a concealed weapon while masked, as party to a crime; disorderly conduct while armed and masked, as party to a crime, and obstructing an officer while masked, as party to a ...

Joseph C. Jansen appeals from the judgments of conviction entered against him. The issues presented for review on appeal are whether Jansen consented to a search of his home, whether a subsequently issued search warrant was proper, and whether a ...

“Smyser asserted claims under Wis. Stat. sec. 218.0171(2)(a) and (2)(b) of the Lemon Law. Section 218.0171(2)(a) obligates a manufacturer to repair a nonconformity covered by a warranty under certain conditions. Section 218.0171(2)(b) provides that the consumer may obtain a replacement ...

Thomas D. Gogin appeals from a judgment convicting him of second-degree sexual assault and false imprisonment and from an order denying his postconviction motion for a new trial. Because we conclude that trial counsel was ineffective, we reverse and remand ...

William Williams appeals from an order denying postconviction relief from a judgment convicting him of false imprisonment and substantial battery, both as a repeater. He was originally convicted on a plea and placed on probation in 1996. After the Department ...

“Contrary to the government’s argument, we have repeatedly held that an error in designating the judgment will not result in a loss of appeal if the intent to appeal from the contested judgment may be inferred from the notice and ...

Although failure to hold moneys in trust is punishable under sec. 943.20, we conclude that it does not mean that failure to pay moneys out of the trust fund is automatically subject to criminal action. “We hold that there is ...

Stacy Davis appeals a judgment convicting him of two counts of recklessly endangering safety, and an order denying postconviction relief. He argues that his trial counsel rendered ineffective assistance because he failed to make an appropriate offer of proof, failed ...